Ordinance 91-024 ORDINANCE NO. 91-__2~
PRONIBITING THE PERMITTING OF THE ~z
CONVERSION OF SWALES TO CULVERTS IN THE
PUBLIC RIGHTS-OF-WAY WITHIN AN AREA OF
NAPLES PARK, A PLJ%TTED SUBDIVISION LOCATED
IN COLLIER COUNTY, FLORIDA; PROVIDING FINDIngS
AND PURPOSE; TITLE AND CITATION; APPLICABILITY;
IMPOSIYION OF MORATORIUM; DURATION; PENALTIES;
CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, it has been a common practica within the NaPles Park
Subdivisi~n area, Collier County, Florida, for individual
homeowners to enclose roadside swales in front of their homes with
small diameter pipes and earthen cover material, and;
WHEREAS, this practice reduces the area available for
utilization of grass-lined swales for stormwater quality treatment
and water table aquifer recharge, and;
WHEREAS, replacing the relatively large grassy roadside
swales with small diameter pipes greatly reduces the volume of
stormwater runoff retention/detention storage that was available
in the swales and thus increases the peak rate of discharge into
the drainage systems outlets which increases the potential for
flooding in the area, and;
WHEREAS, Collier County has in the past issued permits under
the Public Rights-Of-Way Ordinance, Collier County Ordinance No.
82-91, as amended, to individual homeowners to enclose roadside
swales in front of their homes with small diameter pipes, and;
WHEREAS, in response to the County's application to the
Florida Department of Environmental Regulation (FDER) for approval
for construction of major capital improvements to the Naples Park
primary drainage outfalls, FDER placed the followin~ Special
Condition on the proposed project: "The permittee shall place a
moratorium on all conversion of swales to culverts in Naples Park.
A copy of the approved moratorium shall be submitted to the
Department prior to commencement of construction. "; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida has determined that it is in the public interest and the
?!'health, safety and welfare of the citizens of Collier County to
establish a moratorium, prohibiting the permitting of the
conversion of swales to culverts in the public rights-of-way
wi~hl~ an area of Naples Park, a platted subdivision located in
Collier County, Florida.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COKMISSIONE~S OF COLLIER COUNTY, that=
SECTION ONE= FINDINGS AND PURPOSE
The Board of County Commissioners of Collier County, Florida,
(hereinafter the "Board") does here%y find and determine that it
is in the public interest and the health, safety and welfare of
the citizens of Collier County to establish a moratorium
prohibiting the permitting of the conversion of swales to culverts
An the public rights-of-way within an area of Naples Park, a
platted subdivision located in Collier County, Florida, so as
reduce stormwater runoff and better allow for the filtration and
percolation of surface waters in.the area.
It is therefore the purpose of this Ordinance to provide
public awareness of the permit restriction imposed hereby aha
provide for the health, safety and welfare of the citizens of
Collier County, Florida by the imposition of a moratorium on the
permitting of the conversion of swales to culverts in the area
!i~ described herein.
-.. 8ECTION TWO: TITLE AND CITATION
This Ordinance 'shall b~ known and may be cited as the
"Collier County Swale/Culvert Moratorium Ordinance - Naples Park".
SECTION THREE: APPLICABILITY
This Ordinance shall apply to and be enforced in that area of
Collier County, Florida known generally as "Naples Park", the
specific area thereof for the purposes of this Ordinance is
bounded by the centerlines of the following public roadways:
A. 111th Avenue on the North;
B. U.S. 41 on the East~
C. 91st Avenue on the South~
D. Vanderbilt Drive on the West.
~SECTION ~OUR= IMPOSITION OF MORATORIUM~ DURATION
A moratorium proscribing the issuance of Permit(s) to
· i:!.i. Pe~form Work and/or Maintenance in Public R~ghts-of-Way pursuant
.to Collier County Ordinance No. 82-91, as amended, is imposed
specifically to prohibit the installation of drainage culvert
. including pipes or other appurtenances within the swales within
the public rights-of-way, except for the culvert required to
install a driveway for homesite access.
The moratorium imposed hereby shall commence as of the
effective date of this Ordinance and shall continue ~n effect
until Collier County receives approval from the Florida Department
of Environmental Regulation to terminate said moratorium, but not
longer than through December 31, 1993 pursuant to this Ordinance.
"SECTION FIVE: PENALTIES
If any person fails or refuses to obey or comply with or
viol&tes any of the provisions of this Ordinance, such person upon
'~'~' conviction of such offense,~shall be guilty of a misdemeanor and
shall be punished by a fine not to exceed Five Hundred Dollars
($500.00) or by imprisonment not to exceed Sixty (60) days in the
County Jail, or both, in the discretion of the Court. Each
violation or non-co~pliance shall be considered a separate and
distinct offense. Further, each day of contintled violation or
non-~ompliance shall be considered as a separate offense.
Nothing herein contain~d shall prevent or restrict the County
from taking such other lawful action in any court of competent
~'i Jur~sdi~tion as il necessary to prevent or remedy any viola~ion or
non,compliance. Such other lawful actions shall include, but
~ha11 not be .lim~.ed to~..an.e.q~.~able act~?n..~or injunctive relief
or an action at law for damages.
Further, nothing in this Section shall be construed to
prohibit the County from prosecuting any violation of this
Ordinance by means of a Code Enforcement Board established
pursuant to the authority of Chapter 162, Florida Statutes.
All remedies and penalties, provided for in this Section shall
be cumulative and independently available to the County and the
County shall be authorized to pursue any and all remedies set
forth in this Section to the full extent allowed by law.
SECTION SIX: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
re~trictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SE~ION S~= EFFE~I~ DATE
This Ordinance shall become effective upon receipt of
acknowledgement from the Secreta~ of State that this Ordinance
.' PASSED ~D D~Y ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~day of ~ 1991.
'~ BO~ OF CO~ CO~ISSION~S
:' J~ES C~ ' GI~S,. ~C COLLIER CO~TY F~RIDA
~; c. .: PATRICIA ~Nfl GOODNIGHT~ ~hatr~erso~
Approved ~'.to fo~ and
legal ,=
~ o~ flt~ ~ ~ .~' '
Aee~an~ County
STATE OF'FLORIDA )
OF COLLIER }
'~ I, JAMES C GILES, Clerk of Courts In and for the
- , Twen~teth Judicial Circuit, Collier County, Florida, do
certify th&t the foregoing ~e a true copy of:
Ordinance No. 91-24
· i.i :i!.Whtch was adopted by the Board of County Commissioners on
· ?the 5th day of March, 1991, during Special Session.
WITNESS my hand and the offtcla! seal of the Board of
,':.&...;i.*~Count¥ Co~mtsslone=s of Collier County, Florida, this 6th
'!!/day of March, 1991.
i: '
" Clerk of Courts and Clerk
',:', ' Ex-offlc~o to Board of~.2' "
County Commtsa~oner~
aureen
.- Deputy Clerk